People v Orlando, Mark
Motion No: 2005-08854
Slip Opinion No: 2008 NYSlipOp 61097(U)
Decided on January 15, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M64729

E/nl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2005-08854

The People, etc., respondent,

v Mark Orlando, appellant.

(Ind. No. 167N/05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to hold in abeyance an appeal from a judgment of the County Court, Nassau County, rendered August 18, 2005, until after the determination of the County Court, Nassau County, of his motion pursuant to CPL 440 to vacate the judgment.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied and the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

MASTRO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court